Creation of Express Trusts in English Law Jesse Russell

ISBN: 9785510584653

Published: July 30th 2012

Paperback

140 pages


Description

Creation of Express Trusts in English Law  by  Jesse Russell

Creation of Express Trusts in English Law by Jesse Russell
July 30th 2012 | Paperback | PDF, EPUB, FB2, DjVu, AUDIO, mp3, RTF | 140 pages | ISBN: 9785510584653 | 8.74 Mb

High Quality Content by WIKIPEDIA articles! The creation of express trusts in English law must involve four elements for the trust to be valid: capacity, certainty, constitution and formality. Capacity refers to the settlors ability to create aMoreHigh Quality Content by WIKIPEDIA articles!

The creation of express trusts in English law must involve four elements for the trust to be valid: capacity, certainty, constitution and formality. Capacity refers to the settlors ability to create a trust in the first place- generally speaking, anyone capable of holding property can create a trust. There are exceptions for statutory bodies and corporations, and minors who usually cannot hold property can, in some circumstances, create trusts. Certainty refers to the three certainties required for a trust to be valid.

The trust instrument must show certainty of intention to create a trust, certainty of what the subject matter of the trust is, and certainty of who the beneficiaries (or objects) are. Where there is uncertainty for whatever reason, the trust will fail, although the courts have developed ways around this. Constitution means that for the trust to be valid, the property must have been transferred from the settlor to the trustees.



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